The Law of the Environment, adopted in 1998, has included provisions promising the creation of agro-environmental tribunals, but tribunals with this combined jurisdiction over agricultural and environmental issues were never created. The environmental tribunals will hear civil cases related to environmental damages caused by individuals or the government, and will include appeals to appeals courts in San Salvador and two other cities and trial courts in other parts of the country.

The law gives judges broad powers to enact preliminary injunctions on its own initiative (including partial or total suspension) in cases where there is a risk of damage to the environment, without requiring a security bond from the affected communities. The law also determines that the burden of proof lies with the defendant. This is a very important point because proving causation of environmental damage is complex, requiring technical studies beyond the reach of many communities. The need for complex studies has impeded the efforts to hold someone responsible for damage, despite the clear existence of the damage. Under the rules of the new tribunals, the alleged polluters will have to demonstrate that their actions are not harming the environment.

ELAW partner Luis Francisco

ELAW partner Luis Francisco López Guzmán has worked hard promoting this law with other members of the environmental movement in El Salvador, and has worked with the Congress to consolidate various drafts and opinions. Congratulations to Luis Francisco on his hard work to achieve better access to environmental justice in El Salvador!

Luis Francisco informs us that the next steps will be ratification of the law by the President, publication of the law, and then incorporation of needed modifications to the judicial law to incorporate the tribunals into the structure of El Salvador’s courts. We will continue to support Luis Francisco in these efforts.